Georgia Court of Appeals Judge Trea Pipkin. Courtesy photo Appeals Panel Tosses $22M Verdict Over 'Erroneous' Jury Charge on Spoliation
The appeals panel said a new trial is necessary because the trial judge told the jury they could infer that a surveillance video MARTA failed to produce at trial contained evidence adverse to the transit company.
July 06, 2021 at 03:44 PM
6 minute read
The Georgia Court of Appeals has tossed a verdict and attorneys fee award totaling more than $22 million, ordering a new trial in a case involving a woman who fell down the steps of a MARTA Mobility paratransit bus and suffered a traumatic brain injury.
The appellate ruling said the trial judge improperly instructed the jury that a surveillance video of the accident that MARTA did not provide should be construed as likely providing evidence against it.
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